York and Bloomfield (Child support)
Case
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[2019] AATA 5126
•5 September 2019
Details
AGLC
Case
Decision Date
York and Bloomfield (Child support) [2019] AATA 5126
[2019] AATA 5126
5 September 2019
CaseChat Overview and Summary
The matter of *York and Bloomfield* concerned a dispute regarding the percentage of care arrangements for a child. The applicant, York, sought to have the existing percentage of care determination revoked and a new determination made. The respondent, Bloomfield, opposed this application. The case was heard by Magistrate K Dordevic.
The central legal issue before the court was whether there had been a change to the likely pattern of care for the child that would warrant a revocation of the existing percentage of care determination and the making of a new one. This required the court to assess the evidence presented by both parties regarding the actual care arrangements and the anticipated future care arrangements for the child.
Magistrate Dordevic considered the evidence and determined that a change to the likely pattern of care had occurred. The court applied the principles governing child support assessments, which allow for a review and redetermination of care percentages when there is a significant and ongoing shift in the care provided to a child. Based on this finding, the court revoked the existing determination and made a new one. The decision under review was affirmed.
The central legal issue before the court was whether there had been a change to the likely pattern of care for the child that would warrant a revocation of the existing percentage of care determination and the making of a new one. This required the court to assess the evidence presented by both parties regarding the actual care arrangements and the anticipated future care arrangements for the child.
Magistrate Dordevic considered the evidence and determined that a change to the likely pattern of care had occurred. The court applied the principles governing child support assessments, which allow for a review and redetermination of care percentages when there is a significant and ongoing shift in the care provided to a child. Based on this finding, the court revoked the existing determination and made a new one. The decision under review was affirmed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Administrative Law
Legal Concepts
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Jurisdiction
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Judicial Review
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Statutory Construction
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Procedural Fairness
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